The low-down! The nuts and bolts of the IMSCodes Elements License
For each digital work (called an “Item”) you download and Register under your IMSCodes Elements subscription, you are granted a license to use the Item on a non-exclusive, commercial, worldwide and revocable basis, for one Single Use per Registration. Remember, if you want to use an Item you must have a valid and live subscription. What is a Single Use, and the license time periods for different item types, are explained next.
For fonts and add-ons, a Single Use is the installation of the Item on your device. The license starts when you Register the installation, and you can then use the font or add-on to create as many projects as you like, for as long as your IMSCodes Elements subscription remains active. There are more licensing details for fonts and add-ons below.
For Items other than fonts and add-ons, a Single Use is the use of the Item to create an End Product (requiring an application of skill and effort) in one of the following ways:
For an Item that is a template, the End Product is a customised implementation of the Item.
For other types of Items, an End Product is a work that incorporates the Item as well as other things, so that it is larger in scope and different in nature than the Item.
The license starts when you Register your use of the item and the license is only valid if you complete the End Product while your subscription is active. Then the license continues for the life of the End Product (even if your subscription ends).
Each license includes the right to utilise the Item through communication to the public (performance), broadcast, display, distribution, and reproduction, but only as a part of the End Product which you have created with the Item.
Go for it! More details about what you can do with an Item that’s not a font or add-on
You can use an Item to create an End Product for yourself or for a client. If you use an Item to create an End Product for a client, then you can transfer the End Product to your client as long as you have followed the requirements in clause 3 and your subscription remains active. The right to use that Item as part of the End Product is transferred to your client with the End Product under the Limited Sublicense set out in clause 6.
If you transfer an End Product to a client, you do so by sublicensing these license rights in any Item within that End Product. The sublicense must only be granted on condition that use of the Item is limited to that use which is necessary in order to use the End Product, so the Item must not be extracted, reproduced or used in any other way (the Limited Sublicense). You must inform your client of this condition.
You can make any number of copies of the End Product created using an Item. You can distribute the End Product through multiple media. See below for more details.
You can modify or manipulate an Item, or combine the Item with other works, to suit your End Product. The resulting works created using the Item are subject to the terms of this license. You can do the things allowed in this clause as long as the End Product you then create using an Item is one that’s permitted under clause 3.
If an Item contains multiple assets you can make more than one End Product with that Item but you must first Register the Item for each new project.
Whoa there! Things you can’t do with an Item
You can’t use an Item to create an End Product after your subscription ends. If you’ve installed an Item (such as a font or add-on) on your device, you need to uninstall the Item once your subscription ends.
You can’t re-distribute the Item as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items, and even if you modify the Item. You can’t re-distribute or make available the Item as-is or with superficial modifications. These things are not allowed even if the re-distribution is for free.
You can’t use an Item in any application allowing an end user to customise a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application.
You can’t use an Item for merchandising, which means an End Product created using that Item where the primary value of the product lies in the Item itself, including:
an End Product where the Item serves as its core component, and where without the incorporation of the Item it would not fundamentally differ from any other product of similar nature and use; and/or
an End Product where the incorporation of the Item is what makes the product fundamentally unique and valuable, and is the main driving factor for the sale of the End Product.
For clarity, End Products where skill and effort have been applied to incorporate the Item into a larger design (such as with text and other graphics/images) or used as product packaging are not considered merchandising and are allowed.
You must not permit an end user to extract an Item and use it separately from the End Product created using that Item.
You can’t claim trademark or service mark rights over an Item within the End Product created using that Item.
License terms for fonts and add-ons
For a font or add-on, these conditions apply:
The font or add-on can only ever be used by you, the original purchaser. This means that you cannot transfer the the font or add-on to someone else, or allow it to be used by someone else, even within the same company.
You can only install the font or add-on on up to two of your computers at one time.
Except as set out in paragraph e., you can’t redistribute the font or add-on (this includes no public distribution, display or performance). You also can’t modify or make derivatives of the font or add-on.
Except as set out in paragraph e., you can’t incorporate or distribute the font or add-on within an End Product. But you may link the users of the End Product to where they can directly license the font or add-on.
You can incorporate a web-enabled font as part of an End Product, but your End Product must not encourage or facilitate users to extract the font or create new text using it.
fonts and add-ons fall under the category of “Tools”. If further Tools are added to IMSCodes Elements, specific license terms may be added in respect of those Tools, similar to the terms which currently apply to fonts and add-ons.
The nitty gritty! Other license terms
For some Items, a component of the Item will be sourced from a third party and different license terms may apply to the component, such as someone else’s license or an open source or creative commons license. If so, the component will be identified in the Item’s description or in the Item’s downloaded files. The other license will apply to that component instead of this license. This license will apply to the rest of the Item.
For some Items, a GNU General Public License (GPL) or another open source license applies. The terms of any open source license will be included with the item (as a .txt file or, in some cases, embedded as part of the item itself). For any parts of the Item subject to the open source license, those open source license terms will apply to the extent that’s determined by the open source license terms and the nature of the Item, and this license applies to the rest of the Item.
We are not responsible for the accuracy of the Items including the Item’s description and any keywords provided by the owner of the Item and nor are we responsible for any component of an Item sourced from a third party. Content that is used by the author of the item to demonstrate how the item works (for example things like photos in themes and audio files for videos) may have been sourced from a third party and it’s your responsibility to check the files to ensure that there is an appropriate license for your intended use.
You can only use an Item for lawful purposes. Also, you can’t use an Item in connection with material which is offensive, defamatory, pornographic, obscene or demeaning, or promotes discrimination. If an Item contains an image of a person, even if the Item is model-released you can’t use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in connection with sensitive subjects.
Items that contain digital versions of real products, trademarks or other intellectual property owned by others have not been property released. It is your responsibility to consider whether your use of these Items requires a clearance and if so, to obtain that clearance from the intellectual property rights owner.
This license applies in conjunction with the User Terms for your use of IMSCodes Elements. If there is an inconsistency between this license and the User Terms, this license will apply to the extent necessary to resolve the inconsistency.
This license can be terminated for any Item if you breach the license and don’t remedy the breach. If termination happens, you must stop using the relevant Item, which includes no longer making copies of or distributing the End Product created using that Item (unless you remove the Item from it).
The owner of each Item retains ownership. You can’t claim ownership of an Item, even if modified under clause 8, for example through content identification systems.
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